logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2016.11.02 2015가단147018
계양금등 반환 청구의소
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Evidence 【Evidence】1, A2, A3, A4, A5, A5, B2, and the purport of the whole oral pleadings, which is found to be admitted;

A. The Defendant owned each of 4/22 shares and F-ground buildings (hereinafter “each of the instant real estate”) among the size of 165 square meters, E, 164 square meters, F, 433 square meters, G, 231 square meters, G, 231 square meters, G, 94 square meters prior to H, 373 square meters prior to I, J Forest, and 496 square meters, respectively, and 4/22 shares and F-ground buildings (hereinafter “each of the instant real estate”).

(2) On March 31, 2014, when the Plaintiff entered into a sales contract with the Defendant to purchase each of the instant real estate by setting the purchase price of KRW 299,50 million (hereinafter “instant sales contract”), the Plaintiff agreed to pay the remainder of KRW 274 million on the date of the contract, and the remainder of KRW 20 million on December 31, 2014 (if the permission was granted, any balance shall be paid within one month from the date of the payment of the remainder, regardless of the date of the permission), and the Plaintiff agreed to waive the down payment and not make a claim for refund if the seller cancels the sales contract.

(3) The Plaintiff paid the Defendant the down payment of KRW 20 million on the day of the contract.

B. The Defendant and the Plaintiff urged the Plaintiff to perform the remainder on January 2, 2015, but the Plaintiff refused this, and the Defendant expressed his intent to rescind the instant sales contract to the Plaintiff on January 5, 2015.

Accordingly, on January 8, 2015, the Plaintiff received a request from the Defendant for the cancellation of the sales contract, and the reason for the cancellation of the sales contract was not that of the Plaintiff’s remaining payment, but the Defendant sent content-certified mail to the effect that the Plaintiff consents to the cancellation of the contract by requesting the cancellation of the contract in the event that the transfer of real estate was impossible due to an illegal building

C. On January 5, 2015, the Plaintiff’s return of the Plaintiff’s application for the qualification certificate for acquisition of farmland to the office of the Eup in Sung-si, the farmland of each of the instant real estate, including D, E, G, H, and I.

arrow